republic-os/legal/us/code/title-10/chapter-47/section-841.md

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LegalText	10 U.S.C. § 841	Art. 41. Challenges	us	united_states_code	code_section	10	ARMED FORCES	47	UNIFORM CODE OF MILITARY JUSTICE	841	10 U.S.C. § 841	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s841	data/legal/raw/us/code/title-10/usc10.xml	c725d0da2827463f03027ad74df48dc2676f357de788b01625be605b9ff3dcb7	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	8d4be3f7e4aae05c93f708f66b2dadde4296e0dff4c265986908d54d4056e6ff	2026-07-04	official	legal us-code

10 U.S.C. § 841 - Art. 41. Challenges

Text

(a) (1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.

(2) If exercise of a challenge for cause reduces the court below the number of members required by section 816 of this title (article 16), all parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.

(b) (1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause.

(2) If exercise of a peremptory challenge reduces the court below the number of members required by section 816 of this title (article 16), the parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining members of the court before additional members are detailed to the court.

(c) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.

(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(17), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 101–510, div. A, title V, § 541(b)–(d), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 111–383, div. A, title X, § 1075(b)(13), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 114–328, div. E, title LVII, § 5224, Dec. 23, 2016, 130 Stat. 2909.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 841(a)841(b)50:616(a).50:616(b).May 5, 1950, ch. 169, § 1 (Art. 41), 64 Stat. 121. In subsection (a), the word “may” is substituted for the word “shall” before the words “not receive”. In subsection (b), the word “the” is inserted before the word “trial”. The word “is” is substituted for the words “shall be”. The word “may” is substituted for the word “shall”.

Editorial Notes

Amendments2016—Subsec. (a)(1). Pub. L. 114–328, § 5224(1), struck out “, or, if none, the court,” before “shall determine”. Subsec. (a)(2). Pub. L. 114–328, § 5224(2), struck out “minimum” after “below the”. Subsec. (b)(2). Pub. L. 114–328, § 5224(3), struck out “minimum” after “below the”. 2011—Subsec. (c). Pub. L. 111–383 substituted “trial counsel” for “trail counsel”. 1990—Subsec. (a). Pub. L. 101–510, § 541(b), designated existing provision as par. (1) and added par. (2). Subsec. (b). Pub. L. 101–510, § 541(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.” Subsec. (c). Pub. L. 101–510, § 541(d), added subsec. (c). 1968—Subsec. (a). Pub. L. 90–632, § 2(17)(A), (B), inserted reference to the military judge and struck out references to the law officer of a general court-martial. Subsec. (b). Pub. L. 90–632, § 2(17)(C), substituted “military judge” for “law officer”.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date of 1990 AmendmentAmendment by Pub. L. 101–510 applicable only to court-martial convened on or after Nov. 5, 1990, see section 541(e) of Pub. L. 101–510, set out as a note under section 839 of this title.

Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.